HomeMy WebLinkAboutMINUTES - 01101989 - 1.26 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on _January 10, 1989 by the following vote:
AYES: Supervisors Powers, Fanden, McPeak, Torlakson, Schroder.
NOES: None .
ABSENT: None.
ABSTAIN: None.
------------------------------------------------------------------
------------------------------------------------------------------
SUBJECT: Assignment of Rights and Release,. Steve M. Mattos
As recommended by County Counsel in the attached report to the
Board, IT IS BY THE BOARD ORDERED that the Assignment of Rights and
Release in connection with property purchased by Steve Mattos is
hereby AUTHORIZED.
�MnZar�r thfat this h a tnre andcanct copy►d
en Soon taken Arid entered on the nrhwles of flre
go"of Supervism on the date shoal&
All 1WED: JAN 10 1989
PHIL BATCHELOR, Clerk of the Board
of Supervisors and County Adnrhrts r8W
.Ory
cc: County Counsel M
y LO
Mr. Mattos
County Administrator
Treasurer-Tax Collector
COUNTY COUNSEL'S OFFICE
}� '1...EZL t J
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA D E C ;, 1988
Dare: December 22, 19 8 8
C: St:`9i%Akp i3P SUPEKVISORi
To: Board of Supervisors ... .r os nco.
From: Victor J. Westman, County Counsel
By: Dennis C. Graves, Deputy County
Re: Assignment of Rights and Release, Steve Mattos
Property owned by Charles Campbell was in foreclosure in
November of 1987 . The purchaser of the property at the
foreclosure sale was told by the Tax Collector that the taxes
were current. Although the taxes had been. paid by Mr. Campbell,
his check did not clear and the purchaser was forced to pay
$11, 000 in back taxes in order to clear the lien.
The purchaser, Mr. Steve Mattos, has threatened suit against
the County. However, we have negotiated an arrangement whereby
the County will assign to Mr. Mattos whatever rights the County
may have against Mr. Campbell under Civil Code section 1719 ,
regarding "bounced" checks, and Mr. Mattos will release the
County. The attached Assignment and Release will accomplish
this . County Counsel recommends that the Board authorize the
signing of the Assignment and Release.
DCG/jh
7 �
ASSIGNMENT OF RIGHTS AND RELEASE
For good and valid consideration which is hereby acknowledged,
including the release of the County of Contra Costa with respect to
the claim previously filed against it by Steve M. Mattos on May 14,
1988 and the payment of back property taxes and penalties totalling
$12, 044 . 15 by Steve Mattos to said County, the County of Contra Costa
hereby assigns all of its right, title and interest in and to its
cause(s) of action against one Charles Campbell, including those
under Civil Code section 1719 and Government Code section 6157 ,
arising out of issuance of a personal check in November 1987 to the
County for back property taxes for the real property in Contra Costa
County, identified by assessor's parcel No. 032-201-019, which, when
the County presented the check for payment, was not honored, with the
full right to maintain an action thereon and to settle, compromise,
or reassign such cause(s ) of action and to give a release in the
County's name in full discharge of any liability stemming therefrom.
As a further consideration for said assignment, Steve Mattos
hereby waives and forever releases any and all claims and rights he
may have against the County of Contra Costa, its Tax Collector or
other officers or employees as a result of the Tax Sale of APN 032-
201-019 or any events relating thereto. As further consideration,
Steve Mattos also agrees and covenants to indemnify the County of
Contra Costa and hold it harmless from any claims of Charles Campbell
relating to the subject check, although to the extent the County
requires any legal representation in this matter, Mattos agrees only
to retain, hire and pay the fees of the law firm of Miller, Starr &
Regalia to represent the County in this matter should such become
necessary, and the County agrees to waive any conflict of interest so
as to allow such representation. If the County desires other or
different representation, it is understood by the parties hereto that
the County will retain, hire and pay the fees for said attorney(s) .
Approved as to form: Miller, Starr & Regalia
By:
Michael E. Di Geronimo
Dated:
( ( Steve Mattos
County of Contra Costa
Dated: By:
County Counsel of Contra
Costa County